Current through Register Vol. XLI, No. 24, June 14, 2024
Section 47-13-1 - General1.1. Scope. -- These rules set forth criteria and standards for the requirements which apply to the State Underground Injection Control Program (UIC). The UIC permit program regulates underground injections by 6 classes of wells. The 6 classes of wells are set forth in section 4 of this rule. All owners or operators of these injection wells must be authorized either by permit or rule by the Director.1.1.1. Specific inclusions. The following wells are included among those types of injection activities which are covered by the UIC rules (this list is not intended to be exclusive but is for clarification only):1.1.2. Any dug hole or well that is deeper than its largest surface dimension, where the principal function of the hole is emplacement of fluids.1.1.3. Any septic tank or cesspool used by generators of hazardous waste, or by owners or operators of hazardous waste management facilities, to dispose of fluids containing hazardous waste.1.1.4. Any septic tank, cesspool, or other well used by multiple dwelling, community, or regional system for the injection of waste.1.1.5. Specific exclusions. The following are not covered by this rule:1.1.5.a. Individual or single-family residential waste disposal systems such as domestic cesspools or septic systems.1.1.5.b. Any dug hole which is not used for emplacement of fluids underground.1.1.5.c. Nonresidential cesspools, septic systems or similar waste disposal systems if such systems are used solely for the disposal of sanitary wastes and have the capacity to serve fewer than 20 persons a day.1.1.5.d. Injection wells are used for injection of hydrocarbons which are of pipeline quality and are gases at standard temperature and pressure for the purpose of storage. NOTE: The specification of exclusions under subdivision 1.1.5 of this section shall not relieve any person of any requirements imposed under the State Act and rules, other than this Series, including State permit requirements.
NOTE: Interim Status under RCRA for Class 1 Hazardous Waste Injection Wells. The minimum national standards which define acceptable injection of hazardous waste during the period of interim status under RCRA are set out in the applicable provisions of 40 CFR parts 144, 146, 147, and 40 CFR section 265.430. A UIC permit does not automatically terminate upon issuance to that well of a RCRA permit-by-rule under 40 CFR section 270.60(b). Thus, until a Class 1 well injecting hazardous waste receives a RCRA permit or permit-by-rule, the well's interim status requirements are the applicable requirements imposed pursuant to 40 CFR parts 144, 146, 147 and 40 CFR part 265, including any requirements imposed in the UIC permit.
1.2. Authority. -- W. Va. Code § 22-11-8(B)(7).1.3. Filing Date. -- April 05, 2024.1.4. Effective Date. -- April 05, 2024.1.5. Sunset Provision. -- This rule is not subject to a sunset provision and does not expire.